SUHAIL @ MOHD SUHAIL AND 5 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/11982/2025 · 2025-04-10
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36991 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36991 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:54062 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 11982 of 2025 Applicant :- Suhail @ Mohd Suhail And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saiyad Iqbal Ahmed Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Sri Rizwan Ahamad along with Sri Aquib Isteyaq have filed their Vakalatnama on behalf of the opposite party no.2 which is taken on record. 2. Heard Sri Saiyad Iqbal Ahmed, learned counsel for the applicants, Sri Rizwan Ahamad, learned counsel for the opposite party no.2 and Sri Padmakar Rai, learned AGA for the State. 3. The instant application has been filed for quashing the charge sheet dated 28.03.2024 as well as summoning order dated 18.06.2024 including the entire proceedings of Criminal Case No.28918 of 2024, arising out of Case Crime No.82 of 2024, under Sections 498A, 323 506 I.P.C. and 3/4 D.P. Act and 3/4 Muslim Women Protection of Right on Marriage Act, 2019, Police Station Nagphani, District Moradabad. 4. Learned counsel for the applicants as well as counsel for the opposite party no.2 jointly submitted that dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise. The aforesaid compromise dated 10.10.2024 is reduced in written compromise and also annexed at page 51 of the affidavit. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise. 5. Though this fact has not been disputed by learned AGA but he has raised a preliminary objection that the aforesaid proceeding cannot be quashed on the basis of compromise. The aforesaid compromise should be verified by the court below before quashing the impugned proceeding. 6. In view of the above, the applicants are directed to file original deed of the compromise before the court below within a period of
15 days from today. On filing of such compromise, the court below will verify the same within a period of two months after summoning the parties and after verification, the court below will dispose of the impugned proceeding, in accordance with law. 7. For a period of two and half months or till verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 8.
However, the parties are at liberty to file a fresh application under Section 528 BNSS to quash the impugned proceeding on the basis of verified copy of compromise, if need arises. 9. With the aforesaid direction, the present application is disposed of. Order Date :- 11.4.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad